Agenda Item 8
June 12,2012
Public Hearing
MEMORANDUM
June 8,2012
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attorney
flP
Public Hearing:
Bill 19-12, Human Rights and Civil Liberties - Displaced
Service Workers
Bill 19-12, Human Rights and Civil Liberties - Displaced Service Workers, sponsored by
Councilmembers Ervin, Rice, EIrich, Riemer and Navarro, was introduced on May 15,2012. A
Health and Human Services Committee worksession will be scheduled at a later date.
Bill 19-12 would:
• require certain contractors to retain certain service workers for a 90-day transition
period;
• provide enforcement by the Office of Human Rights and the Human Rights
Commission;
• authorize the Human Rights Commission to award certain relief; and
• generally regulate the displacement of certain service workers by a covered
employer.
Background
The Bill would provide some temporary job protection for non-management service
workers when their employer's service contract is terminated. A service contract is defined as a:
contract between an awarding authority and a contractor to provide security,
janitorial, building maintenance, food preparation, or non-professional health care
services in a facility located in the County which is used as a:
(1)
private school;
(2) hospital, nursing care facility, or other health care provider;
(3) institution, such as a museum, convention center, arena, airport, or music
hall;
(4) multi-family residential building or complex with more than 30 units; or
(5) commercial building or office building occupying more than 75,000
square feet.
Property owners who hire contractors to provide these services often replace the
contractor with little or no notice to the affected service employees. The successor contractor is
 PDF to HTML - Convert PDF files to HTML files
not required to retain the incumbent service workers and must quickly recruit new employees.
This process often results in sudden unemployment for many of these low-wage service workers.
The Bill would require the terminated contractor to give their service workers 15 days
notice before the contract is terminated. The Bill would also require the successor contractor to
offer to retain the incumbent service workers for a temporary 90-day transition period. The Bill
would permit the successor contractor to hire less than all of the incumbent workers if they can
perform the contract with fewer employees. The successor contractor may also release an
incumbent service worker during the 90-day transition period for cause. The County Executive
supports this Bill. See
©1 O.
Laws providing similar protection for certain employees have been enacted in other
jurisdictions, including the District of Columbia, San Francisco, Los Angeles, Providence, and
New York City. Recently, both the Supreme Court of California, in
California Grocer's
Association
v.
City of Los Angeles,
52 Cal.
4th
177 (2011), and the United States Court of
Appeals for the
15t
Circuit, in
Rhode Island Hospitality Association
v.
City of Providence, 667
F.3d 17 (1
5t
Cir. 2011), held that this type of local law was not preempted by the National Labor
Relations Act.
This packet contains:
Bill 19-12
Legislative Request Report
County Executive May 11 Memorandum
F:\LAW\BILLS\1219 Human Rights-Displaced Service Workers\PH Memo.Doc
Circle #
1
9
10
2
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Bill No.
19-12
Concerning: Human Rights and Civil
Liberties
Displaced Service
Workers
Revised: May 2.2012
Draft NO.5
Introduced:
May 15. 2012
Expires:
November 15, 2013
Enacted: _____________________
Executive: _______________
Effective: _____________
Sunset Date: _ _ _ _ _ _ _ _ __
ChI ____, Laws of Mont. Co. _____
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Ervin, Rice, EIrich, Riemer and Navarro
AN
ACT to:
(1)
(2)
(3)
(4)
require certain contractors to retain certain service workers for a transition period;
provide enforcement by the Office of Human Rights and the Human Rights
Commission;
authorize the Human Rights Commission to award certain relief; and
generally regulate the displacement of certain service workers by a covered
employer.
By amending
Montgomery County Code
Chapter 27, Human Rights and Civil Liberties
Sections 27-7 and 27-8, and
By adding
Montgomery County Code
Chapter 27, Human Rights and Civil Liberties
Article X, Displaced Service Workers
Boldface
Underlining
[Single boldface brackets]
DQuble underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 19-12
Sec.
1.
2
3
4
Sections 27-7 and 27-8 are amended and Chapter 27, Article
X is added as follows:
27-7. Administration and enforcement.
(a)
Filing complaints.
Any person subjected to a discriminatory act or
5
6
practice in violation of this Article.1 or any group or person seeking to
enforce this Article or Article
~
may file with the Director a written
7
8
complaint, sworn to or affirmed under the penalties of perjury, that must
state:
(1)
(2)
9
the particulars ofthe alleged violation;
the name and address ofthe person alleged to have committed the
violation; and
10
11
12
13
(3)
any other information required by law or regulation.
*
(t)
*
*
14
Initial determination, dismissal before hearing.
15
16
17
18
(1)
The Director must determine, based on the investigation, whether
reasonable grounds exist to believe that a violation of this Article
or Article X occurred and promptly send the determination to the
complainant and the respondent.
19
(2)
If the Director determines that there are no reasonable grounds to
believe a violation occurred, and the complainant appeals the
determination to the Commission within 30 days after the
Director sends the determination to the complainant, the Director
promptly must certify the complaint to the Commission. The
Commission must appoint a case review board to consider the
appeal. The board may hear oral argument and must:
(A)
(B)
dismiss the complaint without a hearing;
order the Director to investigate further; or
20
21
22
23
24
25
26
27
o
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BILL
No. 19-12
28
29
30
31
(C)
set the matter for a hearing by a hearing examiner or the
board itself, and consider and decide the complaint in the
same manner as if the Director had found reasonable
grounds to believe that [discrimination]
or
X
Article
-
Article
-
occurred.
~
violation of this
32
33
(3)
If the Director detennines that there are reasonable grounds to
believe a violation occurred, the Director must attempt to
conciliate the matter under subsection (g).
34
35
36
*
27-8. Penalties and relief.
(a)
*
*
37
38
39
Damages and other relieffor complainant.
After finding a violation
of this Article or Article X, the case review board may order the
payment of damages (other than punitive damages) and any other
relief that the law and the facts warrant, such as:
(1)
compensation for:
40
41
42
43
44
45
46
*
(F)
*
*
~
financial losses resulting from the discriminatory act or
violation of Article X; and
(G)
interest
on
any damages
from
the
date
of the
47
48
49
50
51
52
discriminatory act or violation, as provided in subsection
(c);
(2)
equitable relief to prevent the discrimination or the violation of
Article X and otherwise effectuate the purposes of this Chapter;
(3)
consequential damages, such as lost wages from employment
discrimination or
~
violation of Article X or higher housing costs
from housing discrimination, for up to 2 years after the
[discrimination] violation, not exceeding the actual difference in
53
54
o
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BILL
No,
19-12
55
56
57
58
expenses or benefits that the complainant realized while seeking
to mitigate the consequences of the [discrimination] violation
(such as income from alternate employment or unemployment
compensation following employment discrimination); and
(4)
any other relief that furthers the purposes of this Article or Article
X or is necessary to eliminate the effects of any discrimination
prohibited under this Article.
59
60
61
62
63
64
65
66
*
ARTICLE X.
27-64.
(ill
Definitions.
As used in this Article:
*
*
DISPLACED SERVICE WORKERS PROTECTION ACT.
Awarding authority
means any person that awards or enters into
~
67
.68
service contract or subcontract with
~
contractor to be performed in the
County.
Awarding authority
does not include
or municipal government.
~
Federal, State, County,
69
70
71
Contractor
means any person, including
~
subcontractor, which enters
into
~
service contract to be performed in the County and employs more
than 20 service employees in the entire company.
72
73
Director
means the Executive Director of the Office of Human Rights
and includes the Executive Director's designee.
74
75
Person
means any individual, proprietorship, partnership, joint venture,
corporation, limited liability company, trust, association, or other entity
that may employ persons or enter into
~
service contract.
76
77
78
79
80
81
Service contract
means
~
contract between an awarding authority and
~
contractor to provide security, janitorial, building maintenance, food
preparation, or non-professional health care services in
~
facility located
in the County which is used as a:
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BILL
No.
19-12
82
83
84
85
86
87
88
89
90
91
ill
ill
ill
ill
ill
private school;
hospital, nursing care facility, or other health care provider;
institution, such as
£!
museum, convention center, arena, airport,
or music hall;
multi-family residential building or complex with more than 30
units; or
commercial building or office building occupymg more than
75,000 square feet.
Service employee
means an individual employed on
£!
full
or part-time
basis
Qy
£!
contractor as a:
92
93
ill
building service employee, including
£!
janitor, security officer,
groundskeeper, door staff, maintenance technician, handyman,
superintendent, elevator operator, window cleaner, or building
engmeer;
94
95
96
97
ill
food service worker, including
£!
cafeteria attendant, line
attendant, cook, butcher, baker, server, cashier, catering worker,
dining attendant, dishwasher, or merchandise vendor;
98
99
100
ill
non-professional employee performing health care or related
servIce.
101
102
Service employee
does not include:
103
104
105
106
107
108
ill
ill
ill
ill
£!
managerial or confidential employee;
an employee who works m an executive, administrative, or
professional capacity;
an employee who earns more than $30 per hour; or
an employee who is regularly scheduled to work less than 10
hours per week.
Successor contractor
means
£!
contractor that:
C)f:\law\bHlS\1219 human rights-displaced service workers\bill5,doc
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BILL
No.
19-12
109
110
111
112
ill
is awarded
~
service contract to provide, in whole or in part,
services that are substantially similar to those provided at any
time during the previous 90 days;
ill
has purchased or acquired control of
~
property located in the
County where service employees were employed at any time
during the previous 90 days; or
113
114
115
116
ill
terminates
~
service contract and hires service employees as its
direct employees to perform services that are substantially
similar, within 90 days after
cancelled.
(hl
~
117
118
service contract is terminated or
119
120
This Article does not limit the ability of an awarding authority to
terminate a service contract or replace
contractor.
~
contractor with another
121
122
27-65.
Transition employment period.
123
124
W
Awarding authority.
At least
U
days before a servIce contract
IS
terminated, an awarding authority must:
125
126
ill
request the terminated contractor to give the successor contractor
~
complete list of the name, date of hire, and job classification of
127
128
each service employee working on the service contract;
ill
give the successor contractor
~
complete list of the name, date of
hire, and job classification of each service employee of the
terminated contractor working on the service contract;
129
130
131
132
133
134
135
ill
notifY the collective bargaining representative, if any, of the
affected service employees of the pending termination of the
service contract; and
ill
ensure that
~
written notice to all affected service employees
describing the pending tem1ination of the service contract and the
o
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BILL
No.
19-12
136
employee rights provided
Qy
this Article is conspicuously posted
at any affected work site.
(hl
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
Successor contractor.
ill
Subject to paragraph
ill
each
successor contractor must retain
each affected service employee at an affected site for 90 days or
until the successor contract is terminated, whichever is earlier.
ill
Each successor contractor must give each affected service
employee !! written offer of employment and send!!
f.QPY
to the
employee's collective bargaining representative, if any. Each
offer must:
(A)
state the date
Qy
which the service employee must accept
the offer; and
@
allow the employee at least
lQ
days after receiving the
notice to accept the offer.
ill
Each successor contractor may retain less than all of the affected
service employees during the 90 day transition period if the
successor contractor:
(A)
finds that fewer service employees are required to perform
the work than the terminated contractor had employed;
@
retains service employees
Qy
seniority within each job
classification;
©
(D)
maintains !! preferential hiring list of those employees not
retained; and
hires any additional service employees from the list, in
order of seniority, until all affected service employees have
been offered employment;
G
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BILL
No. 19-12
162
163
164
165
166
167
168
ill
27-66.
must not discharge
~
service employee retained under this
Section without just cause during the transition period.
Enforcement.
A service employee who was not retained during the transition period, or who
was discharged in violation of this Article, may file
under Section 27-7.
~
complaint with the Director
169
Approved:
170
Roger Berliner, President, County Council
Date
171
Approved:
172
Isiah Leggett, County Executive
Date
173
This is a correct copy o/Council action.
174
Linda M. Lauer, Clerk ofthe Council
Date
.@
f:\law\bills\1219 human rights-displaced service workers\biIl5.doc
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LEGISLATIVE REQUEST REPORT
Bill 19-12
Human Rights and Civil Liberties
-
Displaced Service Workers
DESCRIPTION:
This Bill would require certain successor contractors to retain certain
service workers for a 90-day transition period after taking over the
contract and provide enforcement by the Office of Human Rights and
the Human Rights Commission.
Property owners who hire contractors to provide building services
often replace the contractor with little or no notice to the affected
service workers. The successor contractor is not required to retain
the incumbent service workers and must quickly recruit new
employees. This process often results in sudden unemployment for
many of these low-wage service workers.
To provide notice to and temporary employment for service workers
who are subject to unemployment due to their employer's loss of a
service contract.
CAO, Office of Human Rights, Human Rights Commission
To be requested.
To be requested.
To be requested.
Laws providing similar protection for certain employees have been
enacted in other jurisdictions, including the District of Columbia, San
Francisco, Los Angeles, Providence, and New York City.
Robert H. Drummer, Senior Legislative Attorney, 240-777-7895
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Damages awarded by Human Rights Commission
F:\LAW\BILLS\1219 Human Rights-Displaced Service Workers\LEGISLATIVE REQUEST REPORT.Doc
f:\law\bills\ 1219 human rights-displaced service workers \legislative request
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVilLE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
May 11,2012
TO:
Roger Berliner, President
County Council
)
~
IsiOO Leggett
County Executive
._
FROM:
~~
10
SUBJECT:
Bill 19-12, Human Rights and Civil Liberties - Displaced Service Workers
I am writing to express my support for Bill 19-12, Human Rights and Civil
Liberties - Displaced Service Workers. This legislation will help us reach the important goals of
protecting our service sector workers and their families who live or work in Montgomery County
while assuring that our business envirorunent remains competitive for companies that provide
security, building maintenance, food preparation, or non-professional health care services.
It can be extremely disruptive to employees when they lose their livelihood in a
sudden manner. Many in these service industries are already supporting themselves and their
families on a thin financial margin, and can be irreparably harmed even by short-teffil
interruptions in their income. The displaced workers legislation protects these workers while
allowing service companies the flexibility to make personnel decisions and be responsive to
client needs and bidding specifications - including tem1inating employees for just cause.
Similar legislation has been in place in Washington, DC for many years with
much success.
It
has not caused disruption to the cleaning contractor community there, nor has
it
been a financial burden to the DC government. This legislation allows responsible contractors to
stay competitive while at the same time providing fair wages and benefits to employees. It will
improve standards for workers, and foster stability for the clients of the service companies.
For these reasons, I urge the Council to support Bill 19-12.
montgomerycountymd.gov/311
240-773-3556 lTV
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Agenda Item 8
June 12,2012
Public Hearing
MEMORANDUM
June 8,2012
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attorney
flP
Public Hearing:
Bill 19-12, Human Rights and Civil Liberties - Displaced
Service Workers
Bill 19-12, Human Rights and Civil Liberties - Displaced Service Workers, sponsored by
Councilmembers Ervin, Rice, EIrich, Riemer and Navarro, was introduced on May 15,2012. A
Health and Human Services Committee worksession will be scheduled at a later date.
Bill 19-12 would:
• require certain contractors to retain certain service workers for a 90-day transition
period;
• provide enforcement by the Office of Human Rights and the Human Rights
Commission;
• authorize the Human Rights Commission to award certain relief; and
• generally regulate the displacement of certain service workers by a covered
employer.
Background
The Bill would provide some temporary job protection for non-management service
workers when their employer's service contract is terminated. A service contract is defined as a:
contract between an awarding authority and a contractor to provide security,
janitorial, building maintenance, food preparation, or non-professional health care
services in a facility located in the County which is used as a:
(1)
private school;
(2) hospital, nursing care facility, or other health care provider;
(3) institution, such as a museum, convention center, arena, airport, or music
hall;
(4) multi-family residential building or complex with more than 30 units; or
(5) commercial building or office building occupying more than 75,000
square feet.
Property owners who hire contractors to provide these services often replace the
contractor with little or no notice to the affected service employees. The successor contractor is
 PDF to HTML - Convert PDF files to HTML files
not required to retain the incumbent service workers and must quickly recruit new employees.
This process often results in sudden unemployment for many of these low-wage service workers.
The Bill would require the terminated contractor to give their service workers 15 days
notice before the contract is terminated. The Bill would also require the successor contractor to
offer to retain the incumbent service workers for a temporary 90-day transition period. The Bill
would permit the successor contractor to hire less than all of the incumbent workers if they can
perform the contract with fewer employees. The successor contractor may also release an
incumbent service worker during the 90-day transition period for cause. The County Executive
supports this Bill. See
©1 O.
Laws providing similar protection for certain employees have been enacted in other
jurisdictions, including the District of Columbia, San Francisco, Los Angeles, Providence, and
New York City. Recently, both the Supreme Court of California, in
California Grocer's
Association
v.
City of Los Angeles,
52 Cal.
4th
177 (2011), and the United States Court of
Appeals for the
15t
Circuit, in
Rhode Island Hospitality Association
v.
City of Providence, 667
F.3d 17 (1
5t
Cir. 2011), held that this type of local law was not preempted by the National Labor
Relations Act.
This packet contains:
Bill 19-12
Legislative Request Report
County Executive May 11 Memorandum
F:\LAW\BILLS\1219 Human Rights-Displaced Service Workers\PH Memo.Doc
Circle #
1
9
10
2
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Bill No.
19-12
Concerning: Human Rights and Civil
Liberties
Displaced Service
Workers
Revised: May 2.2012
Draft NO.5
Introduced:
May 15. 2012
Expires:
November 15, 2013
Enacted: _____________________
Executive: _______________
Effective: _____________
Sunset Date: _ _ _ _ _ _ _ _ __
ChI ____, Laws of Mont. Co. _____
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Ervin, Rice, EIrich, Riemer and Navarro
AN
ACT to:
(1)
(2)
(3)
(4)
require certain contractors to retain certain service workers for a transition period;
provide enforcement by the Office of Human Rights and the Human Rights
Commission;
authorize the Human Rights Commission to award certain relief; and
generally regulate the displacement of certain service workers by a covered
employer.
By amending
Montgomery County Code
Chapter 27, Human Rights and Civil Liberties
Sections 27-7 and 27-8, and
By adding
Montgomery County Code
Chapter 27, Human Rights and Civil Liberties
Article X, Displaced Service Workers
Boldface
Underlining
[Single boldface brackets]
DQuble underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 19-12
Sec.
1.
2
3
4
Sections 27-7 and 27-8 are amended and Chapter 27, Article
X is added as follows:
27-7. Administration and enforcement.
(a)
Filing complaints.
Any person subjected to a discriminatory act or
5
6
practice in violation of this Article.1 or any group or person seeking to
enforce this Article or Article
~
may file with the Director a written
7
8
complaint, sworn to or affirmed under the penalties of perjury, that must
state:
(1)
(2)
9
the particulars ofthe alleged violation;
the name and address ofthe person alleged to have committed the
violation; and
10
11
12
13
(3)
any other information required by law or regulation.
*
(t)
*
*
14
Initial determination, dismissal before hearing.
15
16
17
18
(1)
The Director must determine, based on the investigation, whether
reasonable grounds exist to believe that a violation of this Article
or Article X occurred and promptly send the determination to the
complainant and the respondent.
19
(2)
If the Director determines that there are no reasonable grounds to
believe a violation occurred, and the complainant appeals the
determination to the Commission within 30 days after the
Director sends the determination to the complainant, the Director
promptly must certify the complaint to the Commission. The
Commission must appoint a case review board to consider the
appeal. The board may hear oral argument and must:
(A)
(B)
dismiss the complaint without a hearing;
order the Director to investigate further; or
20
21
22
23
24
25
26
27
o
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BILL
No. 19-12
28
29
30
31
(C)
set the matter for a hearing by a hearing examiner or the
board itself, and consider and decide the complaint in the
same manner as if the Director had found reasonable
grounds to believe that [discrimination]
or
X
Article
-
Article
-
occurred.
~
violation of this
32
33
(3)
If the Director detennines that there are reasonable grounds to
believe a violation occurred, the Director must attempt to
conciliate the matter under subsection (g).
34
35
36
*
27-8. Penalties and relief.
(a)
*
*
37
38
39
Damages and other relieffor complainant.
After finding a violation
of this Article or Article X, the case review board may order the
payment of damages (other than punitive damages) and any other
relief that the law and the facts warrant, such as:
(1)
compensation for:
40
41
42
43
44
45
46
*
(F)
*
*
~
financial losses resulting from the discriminatory act or
violation of Article X; and
(G)
interest
on
any damages
from
the
date
of the
47
48
49
50
51
52
discriminatory act or violation, as provided in subsection
(c);
(2)
equitable relief to prevent the discrimination or the violation of
Article X and otherwise effectuate the purposes of this Chapter;
(3)
consequential damages, such as lost wages from employment
discrimination or
~
violation of Article X or higher housing costs
from housing discrimination, for up to 2 years after the
[discrimination] violation, not exceeding the actual difference in
53
54
o
f:\Iaw\bills\1219 human rights-displaced service workers\bill 5.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No,
19-12
55
56
57
58
expenses or benefits that the complainant realized while seeking
to mitigate the consequences of the [discrimination] violation
(such as income from alternate employment or unemployment
compensation following employment discrimination); and
(4)
any other relief that furthers the purposes of this Article or Article
X or is necessary to eliminate the effects of any discrimination
prohibited under this Article.
59
60
61
62
63
64
65
66
*
ARTICLE X.
27-64.
(ill
Definitions.
As used in this Article:
*
*
DISPLACED SERVICE WORKERS PROTECTION ACT.
Awarding authority
means any person that awards or enters into
~
67
.68
service contract or subcontract with
~
contractor to be performed in the
County.
Awarding authority
does not include
or municipal government.
~
Federal, State, County,
69
70
71
Contractor
means any person, including
~
subcontractor, which enters
into
~
service contract to be performed in the County and employs more
than 20 service employees in the entire company.
72
73
Director
means the Executive Director of the Office of Human Rights
and includes the Executive Director's designee.
74
75
Person
means any individual, proprietorship, partnership, joint venture,
corporation, limited liability company, trust, association, or other entity
that may employ persons or enter into
~
service contract.
76
77
78
79
80
81
Service contract
means
~
contract between an awarding authority and
~
contractor to provide security, janitorial, building maintenance, food
preparation, or non-professional health care services in
~
facility located
in the County which is used as a:
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BILL
No.
19-12
82
83
84
85
86
87
88
89
90
91
ill
ill
ill
ill
ill
private school;
hospital, nursing care facility, or other health care provider;
institution, such as
£!
museum, convention center, arena, airport,
or music hall;
multi-family residential building or complex with more than 30
units; or
commercial building or office building occupymg more than
75,000 square feet.
Service employee
means an individual employed on
£!
full
or part-time
basis
Qy
£!
contractor as a:
92
93
ill
building service employee, including
£!
janitor, security officer,
groundskeeper, door staff, maintenance technician, handyman,
superintendent, elevator operator, window cleaner, or building
engmeer;
94
95
96
97
ill
food service worker, including
£!
cafeteria attendant, line
attendant, cook, butcher, baker, server, cashier, catering worker,
dining attendant, dishwasher, or merchandise vendor;
98
99
100
ill
non-professional employee performing health care or related
servIce.
101
102
Service employee
does not include:
103
104
105
106
107
108
ill
ill
ill
ill
£!
managerial or confidential employee;
an employee who works m an executive, administrative, or
professional capacity;
an employee who earns more than $30 per hour; or
an employee who is regularly scheduled to work less than 10
hours per week.
Successor contractor
means
£!
contractor that:
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BILL
No.
19-12
109
110
111
112
ill
is awarded
~
service contract to provide, in whole or in part,
services that are substantially similar to those provided at any
time during the previous 90 days;
ill
has purchased or acquired control of
~
property located in the
County where service employees were employed at any time
during the previous 90 days; or
113
114
115
116
ill
terminates
~
service contract and hires service employees as its
direct employees to perform services that are substantially
similar, within 90 days after
cancelled.
(hl
~
117
118
service contract is terminated or
119
120
This Article does not limit the ability of an awarding authority to
terminate a service contract or replace
contractor.
~
contractor with another
121
122
27-65.
Transition employment period.
123
124
W
Awarding authority.
At least
U
days before a servIce contract
IS
terminated, an awarding authority must:
125
126
ill
request the terminated contractor to give the successor contractor
~
complete list of the name, date of hire, and job classification of
127
128
each service employee working on the service contract;
ill
give the successor contractor
~
complete list of the name, date of
hire, and job classification of each service employee of the
terminated contractor working on the service contract;
129
130
131
132
133
134
135
ill
notifY the collective bargaining representative, if any, of the
affected service employees of the pending termination of the
service contract; and
ill
ensure that
~
written notice to all affected service employees
describing the pending tem1ination of the service contract and the
o
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BILL
No.
19-12
136
employee rights provided
Qy
this Article is conspicuously posted
at any affected work site.
(hl
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
Successor contractor.
ill
Subject to paragraph
ill
each
successor contractor must retain
each affected service employee at an affected site for 90 days or
until the successor contract is terminated, whichever is earlier.
ill
Each successor contractor must give each affected service
employee !! written offer of employment and send!!
f.QPY
to the
employee's collective bargaining representative, if any. Each
offer must:
(A)
state the date
Qy
which the service employee must accept
the offer; and
@
allow the employee at least
lQ
days after receiving the
notice to accept the offer.
ill
Each successor contractor may retain less than all of the affected
service employees during the 90 day transition period if the
successor contractor:
(A)
finds that fewer service employees are required to perform
the work than the terminated contractor had employed;
@
retains service employees
Qy
seniority within each job
classification;
©
(D)
maintains !! preferential hiring list of those employees not
retained; and
hires any additional service employees from the list, in
order of seniority, until all affected service employees have
been offered employment;
G
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BILL
No. 19-12
162
163
164
165
166
167
168
ill
27-66.
must not discharge
~
service employee retained under this
Section without just cause during the transition period.
Enforcement.
A service employee who was not retained during the transition period, or who
was discharged in violation of this Article, may file
under Section 27-7.
~
complaint with the Director
169
Approved:
170
Roger Berliner, President, County Council
Date
171
Approved:
172
Isiah Leggett, County Executive
Date
173
This is a correct copy o/Council action.
174
Linda M. Lauer, Clerk ofthe Council
Date
.@
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LEGISLATIVE REQUEST REPORT
Bill 19-12
Human Rights and Civil Liberties
-
Displaced Service Workers
DESCRIPTION:
This Bill would require certain successor contractors to retain certain
service workers for a 90-day transition period after taking over the
contract and provide enforcement by the Office of Human Rights and
the Human Rights Commission.
Property owners who hire contractors to provide building services
often replace the contractor with little or no notice to the affected
service workers. The successor contractor is not required to retain
the incumbent service workers and must quickly recruit new
employees. This process often results in sudden unemployment for
many of these low-wage service workers.
To provide notice to and temporary employment for service workers
who are subject to unemployment due to their employer's loss of a
service contract.
CAO, Office of Human Rights, Human Rights Commission
To be requested.
To be requested.
To be requested.
Laws providing similar protection for certain employees have been
enacted in other jurisdictions, including the District of Columbia, San
Francisco, Los Angeles, Providence, and New York City.
Robert H. Drummer, Senior Legislative Attorney, 240-777-7895
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Damages awarded by Human Rights Commission
F:\LAW\BILLS\1219 Human Rights-Displaced Service Workers\LEGISLATIVE REQUEST REPORT.Doc
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVilLE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
May 11,2012
TO:
Roger Berliner, President
County Council
)
~
IsiOO Leggett
County Executive
._
FROM:
~~
10
SUBJECT:
Bill 19-12, Human Rights and Civil Liberties - Displaced Service Workers
I am writing to express my support for Bill 19-12, Human Rights and Civil
Liberties - Displaced Service Workers. This legislation will help us reach the important goals of
protecting our service sector workers and their families who live or work in Montgomery County
while assuring that our business envirorunent remains competitive for companies that provide
security, building maintenance, food preparation, or non-professional health care services.
It can be extremely disruptive to employees when they lose their livelihood in a
sudden manner. Many in these service industries are already supporting themselves and their
families on a thin financial margin, and can be irreparably harmed even by short-teffil
interruptions in their income. The displaced workers legislation protects these workers while
allowing service companies the flexibility to make personnel decisions and be responsive to
client needs and bidding specifications - including tem1inating employees for just cause.
Similar legislation has been in place in Washington, DC for many years with
much success.
It
has not caused disruption to the cleaning contractor community there, nor has
it
been a financial burden to the DC government. This legislation allows responsible contractors to
stay competitive while at the same time providing fair wages and benefits to employees. It will
improve standards for workers, and foster stability for the clients of the service companies.
For these reasons, I urge the Council to support Bill 19-12.
montgomerycountymd.gov/311
240-773-3556 lTV